jenna: thank you for sticking with us through the motorcycle chase and everything else today. jon: glad it ended well. "america live" starts right now. megyn: fox news alert. brand-new and disturbing information this hour on the accused shooter in the colorado movie massacre. welcome to "america live," everyone i'm megyn kelly. you are looking at the first mugshot of the accused shooter james holmes sport -rg th sporting the same comic book type hair and spaced outlook. this is what he did minutes after being arrested, his actions once he was taken to jail and how he reportedly slept like a baby hours after he murdered 12 people and injured dozens more friday night. trace gallagher has the breaking news.

>> reporter: it looks as this james holmes is some what surprised when they talk about the murder charges. look at this and decide for yourself. >> you have a right to be advised of the charges. the judge to make a preliminary determination of probable cause to believe you committed the offense of first-degree murder which is a class one felony under colorado law. >> reporter: others believe it was simply the blank stare of a demon. there are reports hours after being arrested he was in his jail cell seemingly unphased. the website tmz reports that a guard said after he was arrested he ate frosted flakes and that he slept like a baby. some of the victims and the families who were in court were furious over his lack of remorse. the father of the youngest victim, six-year-old veronica

moser-sullivan says holmes is a terrorist and should be prosecuted by the feds. here is the dad's impression in court, listen. >> i looked him dead in the face, and honestly it was helpful knowing -- it put my mind at ease watching him start to break down. >> reporter: and remember that abc news report on the morning of the shooting? that james holmes mom said, quote to abc, you've got the right person? the family lawyer has now given a statement from mom that she hopes will clarify that. listen to the lawyer. >> i answered, yes, you have the right person. i was referring to myself. i asked him to tell me why he was calling, and he told me about a shooting in aurora. >> reporter: we should also note the parents right now are no longer cooperating. as for theories they range from him getting bad grades in school, megyn, to being spurned

on an online sex site. clearly there is a lot still to be learned about the motive as well as the suspect. megyn: i just want to stop you. you played the family saying that abc news took them out of context. abc news has now responded to that, trace and they say they standby their original reporting and the way they originally reported it was exactly right that first they told the mother about the fact that this james holmes had committed this mass murder and it was after that the mother said, you've got the right person. >> reporter: yeah, and the mother says the exact opposite, that she did not know about this until after when she said i have to call the cops, i have to call the police. they told her afterwards. she said right person about her and that abc news has got it totally wrong. megyn: they are at orders with that. trace gallagher. thank you. yes, just to be clear. abc news came out and said that they called her, told her about the events and she said, you've got the right person, i've got to go to colorado.

and then she came out yesterday through her spokesperson and said, that is not at all it. they woke me up and said are you mrs. holmes and i said you've got the right person and abc news in response to that came out to that and said, no we standby our original reporting. it's up to the viewers to decide. i want to give you context on gun sales now. in colorado they are through the roof following the movie house massacre. dealers in the centennial state say background checks have jumped more than 40%. one gun shop owner found a line of nearly 20 people waiting outside of his store in the hours after the tragedy. there's been a lot of talk about how anyone could protect themselves when they are in the sites of such a deranged gunman, especially in a place like a movie theater, you weren't allowed to bring a firearm in there, so how could you protect yourself? coming up later in hour we'll be joined live by a former navy seal who says there is one thing you can buy right now to help protect yourself in that exact situation, and it's not a gun and it's not mace and he'll tell

but that and other ways you can protect yourself and your families, god forbid. a new ad from the president's re-election campaign suggest that team obama may be changing its tune when it comes to this election. the ad is called, the choice. the tone much softer than previous ads attacking governor mitt romney's record at bain capital. it is set to air in nine key battleground states. take a look at a bit of it. >> over the next four months you have a choice to make, not just between two political parties, or even two people, it's a choice between two very different plans for our country. megyn: jonah goldberg is editor at large of national review only a fox news contributor and the author of the taoerpb tphaoef cliches how liberals cheat in the war of ideas. jonah welcome back. >> it's great hob here. megyn: this is a very interesting shift in tone for

the president. it's been gloves off, bare knuckles, chicago politics as they call it to now especially on the issue of bain, which they fought soreserve as an issue when all the top democrats came out and said don't go there, don't rip on enterprise and capitalism and so on, and now -- now what explains the shift away from that? >> i think you're right. i think in some ways -- i actually think this is a have ad, i think it's a reflection of a fundamental failure of the barack obam obama campaign that they are coming to this realization so late. if it's a referendum on his own job performance obama is in real trouble. instead they've turned him into this incredibly strident almost occupy wall street angry guy which turns off independents and the undecides that they need. they thought it was going to work in terms of demon icing

romney. they poured tense of millions of dollars into demonizing romney, everything short of he hates puppies. megyn: i believe that was said in one way, shape or form. >> you might be right. something about put be puppies on the roof of his car. they are trying a smarter tack, whether it's too late, whether it will work i don't know. i think this is a much better ad and messaging than we've seen from obama in a wild. megyn: here is just a flavor from the team obama from the ads that we have been seeing to date. watch the shift. >> he's like a vampire. he came in and sucked the life out of us. >> it was like watching an old friend bleed to death. >> does virginia really want an out sourcer and chief in the white house. >> romney has never stood up to china all these ever done is send him our jobs. megyn: now it's president obama on camera, this is the choice.

they must have come to the conclusion that the bain angle wasn't working. why did they get there when the president is still leading in so many of the polls? we're going to talk about this in our next hour, including in pose if not all of the swing states? >> i think in part because, you know, the people who are going to decide this election in a large respect are the indianas and what not. and if you listen carefully to this ad it's so aimed at independents and moderates, he sort of distaepbs himself from his own party. he says this isn't about a candidate or a political party it's about a choice and all this. and the idea there is to say those of you who don't identify as democrats, those of you who have been turned out by my negative appeals as the base of my party, let's change the tone, miami your guy. i'm the guy you should vote for. even if you don't really like me or think i did a good job. it's a smart approach but, you know, given how much -- when obama goes on the attack the way he has he's trying to brand

romney but he also brands himself. he also says, i'm a gut fighter, i'm a gutter fighter i'm the kind of guy who goes on attack completely contradicting the guy i ran as in 2008, and that has an impact too. >> carville was just on fox news talking to hannity and was saying go, chicago. i was saluting chicago for the brass-knuckle politics we saw in some of the bain attacks and now apparently they are not listening to him. i don't know. >> the problem with the car villa approach to these things is that bill clinton was very different president who worked a lot with republicans. we've never had a president who has never passed a single piece of major legislation without working with the opposing party. when obama goes incredibly partisan it reinforces the idea that he's incredibly part son. when clinton did it it made him seem like he was fighting from the center. megyn: thank you so much, sir. >> thank you, great to be here. megyn: critics say the doj's new investigation into

pennsylvania's voter id law now is nothing more than an election year stunt to steal the white house. did you hear about this? first it was texas, south carolina and now pennsylvania. while supporters say that it is necessary to prevent fraud the state's spotless record is not helping their argument. eric shawn is live in new york with more. eric. >> the justice department now investigating pennsylvania's new voter id law. attorney general eric holder has said he wants to protect a right to vote across the nation. but you know some critics have accused him of pursuing these cases for partisan political purposes. he's heated lee denied that. in a letter dated yesterday and sent to the state's acting secretary the justice department is demanding a massive amount of information to determine if the state complies with the federal voting rights act. critics claim more than 750,000 pennsylvania voters do not have photo id, they fear the folks could be barred from the polls in november. the state has announced it will

give out photo i ds for free to anybody who wants one. after the recent presidential primary there a phil report found evidence of wrongdoing, voting by nonregistered people, in the incorrect party's primary. voting in the incorrect district, voting more than once. voter impersonation and voting by noncitizens. do you think it's rays? do you think they are trying to intentionally prevent president obama from being reelected because of voter id in. >> i do not. i think it's really about balance. and you want the best balance that you can between honest elections and making sure that everyone who is eligible is registered to vote and able to vote on election day. >> reporter: as a republican commissioner some critics say that report is flawed. voter id will go on trial tomorrow in harrisburg, the aclu challenging the law. at this hour about a hundred people expected at a naacp rally

at the state capitol testifying on voter fraud. in you suspect voter fraud tell us, voter fraud at foxnews.com is our address. megyn: a new debate on america's standing on the global stage. >> because we are leading around the world people have a new attitude toward america. there is more confidence in our leadership. megyn: mitt romney's team says not so much. despite president obama's attempts to woo our friends in europe. we'll have a fair & balanced debate on that coming up. new fallout today from the severe sanctions. take a look at the reaction from the students when they were announced leveled against penn state. why the university may have very quickly agreed to these penalties. we are getting the back story now. in three minutes bernie goldberg is here on why the blame for this mess goes way beyond penn state. and new reports of a jackson family feud, why dividing up the king of pop's fortune may be

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>> you can cannot deny there had to be a punishment. i didn't think it would be this much, i guess. not to be funny, like i'm speechless, i can't even tell you what i feel because there are so many things running through my head, like student athletes that are not going to be able to come here, not just football players but anybody else. >> it's terrible, what just happened. i was like taken back. we were all watching it together, all the students here, and we didn't know how to respecreact to it. we are shaken up. >> it breaks my heart for what happened and for the victims. i am praying that we can use

this to come together and move forward and make penn state a better place. megyn: new reaction out of pa*epb state to the ncaa's punishment to the college's handling of a child sex-abuse scandal linked to the former football coach jerry sandusky among others. the school's president agreed to these severe sanctions in order to save the football program from being completely shut down, the quote was, we did what we thought was necessary to save the program. we had our backs to the wall on this. bernie goldberg is a fox news analyst with me now. there's been a lot reaction in the wake of these sanctions announced yesterday by the ncaa, $60 million fine, bowl program shut down for four years, scholarships cutback and capped, not be allowed to share in the $13 million bowl revenue that is per the big 10 conference and on and on the list goes. some online saying it was too severe given that none of the players did anything wrong.

your thoughts? >> well, none of the players did anything wrong, that's too bad. there's always fallout from stuff like this. if somebody commits a crime, or does something wrong, or there is an ethical laps there will be innocent people who also pay a price. listen, the problem at penn state, and so many other schools where big-time college sports are so important is that the big-time college sports often corrupt the university. look, i understand why kids like going to football games on a saturday afternoon, it's fun. no problem with that. but too many schools, and penn state may not be one of them, but at too many schools the corruption begins with accepting students to either play basketball or football when they don't belong in college in the first place. so they take courses like, the history of recreation, or why does a ball bounce, and stuff like that, just so that they can stay eligible.

the very term, student athlete at a lot of schools is a joke. that's the problem. when sports becomes more important than everything else on campus. a university professor, a good one, what does he make a hundred thousand, maybe 200,000 in some schools? a very important good coach makes 3 to $5 million. an assistant coach makes a million dollars. it's out of wack. that's why something like this could happen. megyn: some have come out and criticized the ncaa for being disingenuous in it's outrage saying, they've referred to the ncaa's president, mark emmert, where he said football will never be put ahead of protecting, nurturing young people. and the response was really? >> that's my response, really. as we speak there are kids who are taking -- who are in school

who as i say don't belong there who are going to be taking ridiculous courses. there are kids as we speak who are probably getting paid under the table. when we do stories at real sports on hbo where i'm a correspondent, on cheating at a big-time football program, as we did in this past year, we get hate mail from fans. the fans are no better than the people who are doing the cheating in many cases. i did a story when i was a correspondent at cbs news about the university of nebraska football team. get this. megyn, the star player on the team, who later went on to the nfl, dragged his girlfriend down flee flights ohis girlfriend down three flights of stairs. beat her up and dragged her down the streets and smashed her head into the mailbox. the mailbox was crushed because she hit it. he was suspended but brought him

back before the bowl game. i was attacked relentlessly on sports talk radio, which is understandable. the omaha newspaper, the biggest newspaper in the state ran an editorial against me, not on the sports page, an editorial, and in church, in church ministers were doing sermons attacking me. that's how important football is in a place like nebraska, okay? and when it's that important, when it's practically a religion, not practically, when it is a religion, when they worship the coach, and things like that, bad things are going to happen. sorry, that's the way it goes. and it's going to continue to happen despite the incredibly harsh but fair penalty imposed on penn state. megyn: and that's the sad reality. bernie goldberg, thank you so much, friend. >> okay, thanks. megyn: good to see you. new developments today in an officer involved shooting that led to violent protests over the

weekend in california. we told but this story yesterday, an officer accused of shooting an unarmed known gang member? who in this case will now face charges? that's in today's "kelly's court." ok! who gets occasional constipation,

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♪ i'll be there. ♪ i'll be there. megyn: drama today in a bizarre family feud over michael jackson's growing fortune since his death. it all started over the weekend when matriarch of the family, catherine jackson, his mother, was reported missing by his granddaughter, paris, michael jackson's daughter. when she was sound safe the situation only got uglier. trace gallagher has the latest

from l.a. >> reporter: you have to remember, megyn, that catherine jackson, michael's mom, 82 years old, is the guardian no for michael's three kids and the mom and th the kids are the sole ben tpebgters to michael $1 billion estate. the siblings are now in the process of contesting the authenticity of the will saying it's a fraud and asking that the executors be replaced. catherine's lawyers say the same siblings showed up at their mom's house and quote, ambushed the kids, yelling at them, trying to get their cell phones away from them. the kids were then whisked away and some family members then came to blows. the sheriff's department was called, they confirm yes, there was some scuffling but no arrests were made. yes, there is more, michael's daughter, paris called the sheriff's office this weekend and reported her grandmother missing and sent out this tweet saying, quote, eight days and counting, something is really

off, this isn't like her at all. i want to talk directly to my grandmother. the authorities in arizona found her, she is at ribi's house. when they opened the door she was having dinner and playing u.n. o. they say she is safe and well and had a mini stroke a few months back and the reason she is not contacting the family is because she is destressing which means no phones and no computers. the bottom line is here billion bucks on the line, the jackson siblings would like a little slice of the pie, even though they are not named in any will, at any time anyhow. megyn: wow. that family has been through a lot. three of the colorado shooting victims died trying to protect other people. some asked if there is anything that one could do to protect one's selfin they came to face such a dangerous situation. one former navy seal has taken to the web to tell everyone the

answer is, yes, and he will join us live in just a bit with some potentially life-saving tips a. growing debate over america's standing on the global stage. why governor romney is now challenging the foreign policy progress that the president claims we've made. >> because we're leading around the world, people have a new attitude toward america, there is nor confidence in our leadership. ♪

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megyn: a growing debate emerging on the campaign trail about america's standing in the world. take a listen to what president obama said to a group on this yesterday. >> because we're leading around the world, people have a new attitude toward america. there's more confidence in our leadership. we see it everywhere we go. megyn: well, the mitt romney campaign fired back suggesting that the president actually, quote, has diminished our moral authority around the globe and it went on from there. joining me now to discuss it, leslie marshall, a syndicated radio talk show host, fox news contributor, lars larsen syndicated radio talk show host with compass networks. barack obama says our standing in the world has improved thanks to our current leadership and mitt romney, this is all mitt romney is about to embark on this, you know, foreign policy extravaganza

and comes out and says look, i'm not, implication seems to be unlike our current president, i am not going out there and be apologetic for america. we'll get exactly to what mitt romney is about to say but that seems to be his approach. let me start with you on this, lars. has the president managed to restore our standing in the world? >> no of course he hasn't. i can't wait to hear leslie defend this nonsense. we abandoned our ally israel. we communicated to the russians after he is reelected he will do a bunch of things that are so shameful he can't tell the american electorate about it without getting reelected. we thrown allies like poland under the bus. we abandoned people in the world. he started libya and backed off and said somebody else's job to finish. syria, i'm not saying we should go into syria. are we leading? we're staying back on the sidelines, saying wow, what do we do? i don't see that as

leadership. maybe he is doing better between the muslim brother hood and hillary and president obami, we cozied up to the muslim brotherhood that is absolutely disgusting. leslie, i can't wait to hear how you tell me barack obama makes husband look better to the rest of the world and/or we're leading around the world. megyn: go, leslie. >> lars bachmann after your last comment. israel, that you vacation there, et cetera, one of many allies. the president has not, the president has not dissed the entire world, france, u.k., even china we have a lot of great business dealings with as mitt romney said so much before even having a chance to be possibly elected in november. the president has made the world safer, not only with the killing by our incredible navy s.e.a.l.s of usama bin laden. we have free egypt -- >> muslim brotherhood.

>> i don't believe we will continue to stand on the sidelines with syria. perhaps israel might be happier with mitt romney but the rest of the world is definitely happy with president obama. >> the fact that we buy a lot of stuff from china does make us a leader around the world. this, leslie, the fact that we buy tons of junk from china, i mean that is your argument that -- i mean that is the long time before --. megyn: president obama came out and said folks have more confidence in our leadership. he said we see it everywhere. got people abroad have more confidence in the american leadership. and you know this is, the president's critics already coming out and saying, he believes this because he believes he went out there and made amends to our friends in europe for the bush years. when he took office, he went -- >> amends for what? megyn: for apologizing, but didn't apologize but came close, to apologizing for america, and we have some of

that teed up but listen to his messaging from, april of 2009 in england an then in france and then it ends with a clip of him here in america talking about how he was going to restore our image as the last best hope on earth. listen. >> i would like to think that with my election and the early decisions that we've made, that you're starting to see some restoration of america's standing in the world. and, although as you know i always mistrust polls. international polls seem to indicate that you're seeing people more hopeful about america's leadership. in america there's a failure to appreciate europe's leading role in the world. instead of celebrating your

dynamic union and seeking to partner with you, to meet common challenges, there have been times where america has shown arrogance and been dismissive, even derisive. this was the moment when the rise of the ocean began to flow and our plan nets began to heal. this was the moment when we ended a war and secured our nation and restored our image as the last, best hope on earth. megyn: so? >> you played my favorite sound bite. this guy went on a worldwide grovel tour where he did the most shameful thing any american leader could do, go to foreign countries and disparage his own country's record. and said we'll make amend as though we had to make amend. we liberated two countries. we got rid of a bad guy or two or three or 50 or 60. this is the president who sits in the white house and picks names off a list and blows people up around the world and he says he has got

to make apologies for president bush? this is a joke and i think most of the rest of the world's leaders look at president obama a joke. he doesn't seem to be able to manage his own country. he doesn't seem to be able to get things done domestically. then he tells the rest of the world we're going to lead them? that is ridiculous. megyn: he says the rest of the world has more confidence in our leadership, now, leslie. i wanted to say to the viewers what mitt romney is saying now as he goes on this tour and, you know, one presumes it's a veiled reference to some of those sound bites we just saw. i will let viewers decide. this is what he is going to say today. quote, i'm an unapologetic believer in the greatness of this country. i am not ashamed of american power. i take pride that throughout history our power brought justice where there was tyranny, peace where there was conflict, and hope where there was despair. >> one of the greatest strengths i believe in a man as well as a leader and a country is humility.

i don't feel it is being poll getic. i think as not only human beings and leaders of nations, if we admit we screwed up here and we're going to do better, that doesn't make us apologists. that makes us realists it makes us humble. when you have a global economy and a world that you want to work with you to fight terror, that we all can be safer here in the united states and all around the globe, you need to work together. if you're going to come in and you're going to act like clint eastwood, you know with guns loaded you're going to turn people away. you have to extend an olive branch. i believe the president has been more successful in doing that than his predecessor. megyn: the polls show, we pulled polls and they do show that, well, that there has been a slip in the opinion of america and confidence in president obama since he first took office. okay, so his poll ratings were through the roof in europe and muslim countries and russia and china 2009 and now they have all gone down over the past three 1/2 years but the polls when he was talking about them right

after he took office were more hopeful about his presidency. >> well, they were hopeful for certain. americans were optimistic and we are an optimistic people but this is shameful. because this is a president who thinks leadership is going around saying you're sorry for everything america has done. and frankly, leslie, you haven't said what it is we're supposed to be sorry for. but megyn, there is another issue here too. when you talk about being trusted by your allies, think about the fact that we have a white house that leaks like a sieve. that means our allies can't trust us to tell us information without being afraid it will show up on abc, nbc, or cbs or the freaking "new york times" that is not something to trust. how do you work in a world like this where secrets do have to be kept. when we have a country that use to do very well at this and are shame fully, abysmally a failure keeping those secrets, we give things up. megyn: i give you the last word. >> 10 days, for 10 days, not even the vice president knew what was going on with usama

bin laden. i don't know how anybody kept that a secret. one, apologize for intrading a sovereign nation based on a lie? apologize maybe for torture and violating the geneva conventions, just a couple of examples lars. >> blowing people up is okay but torturing them isn't. >> no, no. megyn: good to see you both. >> thanks, megyn. megyn: a thought that we've heard a lot about in the past few days, what could have been done, what could i do if i were ever to find myself in a situation like those victims in colorado, found themselves in on friday morning? in three minutes we'll be joined by a former navy seal who says there is one thing you can buy right now to help protect yourself. it is not a gun and it is not mace. that is next. police shooting of an unarmed known gang member sparking riots and protests. why police say they had cause to shoot in "kelly's court". one man's obituary making headlines for being

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visit a local office, or go to libertymutual.com today. liberty mutual insurance. responsibility. what's your policy? megyn: back now to our top story this hour. today we're learning new details on the accused shooter in colorado, james holmes. holmes reportedly had no trouble napping or snacking on a blueberry muffin hours before he walked into a movie theater and allegedly shot 71 people and murdering 12 of them. they were not allowed to have firearms in the movie theater as often usually the case. so what could they do? what could you do to protect yourself in bod forbid you find yourself in a similar situation?

former navy seal and author of the book, the red circle, brandon webb has thoughts about this. brandon, you took to the internet to write down your lessons that people could do because you were so upset about what happened as we all have been in aurora, you thought there must be something i could do to help. you actually do have lessons for folks you say will help in an emergency. number one, involves this device you have sitting here on the desk. tell us what it is and why you believe we should all have one. >> just to talk about the article i wrote, real quick, just seeing this happen again, it is just frequency of these active shooter scenarios, i didn't want to let these people die in vain without taking these lessons learned in this situation and sharing some tips with the average citizen. megyn: right. >> let's learn from this in the future and make and empower people and give them some tips that would help them survive in the future. one great tool this is a tactical flashlight.

anyone can buy this. it is 500 lumens light. this is made by sure fire. couple companies make them. princeton tech is another one. it will blind somebody in the daylight. for somebody to carry this light, take it anywhere. take it on airplane and really an effective tool, self-defense tool that is nonlethal. megyn: blinds somebody for how many seconds? >> you're going to blind somebody for probably three to four seconds, in the daylight. at nighttime it will be, have more an effect, usually people eyes are dark adapted to the night. megyn: is that enough to do something? >> absolutely. think in this situation, what it does it buys you time and really creates space to have a plan and get out of there. so i mean, if you're on the street at night and somebody is, you know, coming at you, you could blind them and gives you a, essentially stuns them, blind them and gives you enough space to got away, and in the theater situation the biggest thing,

in i covered on the article that i wrote on software.com, have a plan. have, you have to think self-rescue in these situations of the closing your eyes and hoping that it's going to go away is not the case. megyn: they taught you as a navy seal there is difference between getting cover and getting -- >> difference between cover an concealment that is another tip i share is like you can hide behind something and it may may hide you but if someone is spraying but let's, the difference between cover and concealment is hiding behind a bush someone can shoot through or hiding behind concrete wall in a movie theater where it will provide ballistic protection and help you, provide protection from shots. megyn: go a few steps more if you can to get to something more substantial. i want to talk to you too about regular things. you talk you always sit with

your back to the wall in a restaurant. practical things. the way you park. >> being more aware i think the you find these days, you know the technology in these smartphones, i could walk down 5th avenue in new york and see people with their head down in their phones. you see it at night too. become more aware of your situation and make yourself less of a victim and, in this particular, these active shooter situations, if you look historically, mostly shooters, they're not well-experienced marksman. so for one, hitting a moving target is very hard. i'm a trained sniper. i think people don't realize you can get up and run and take action, get out of that movie theater. megyn: because either fight or flight. that is your instinct. >> yeah. megyn: sometimes you want to cower and play dead and get out of sight. you say odds are in your favor to run for it. run for it, and think self-rescue. if anyone is in a situation where they have to dial 911 in an emergency, it takes minutes if not hours for

these first-responders to act. they have a real challenging job. but when, in this situation where your lives are on the line, you have a, just this, wild, crazy ruthless killer spraying bullets and get out of there. take action. megyn: you also say there is no reason to put yourself in events more likely to have some sort of incident. for example, what? >> for, i take my kids to destiny world. so i purposely choose times of the year that there are going to be less of a crowd. you look at the world we live in unfortunately it is a dangerous place. you have, terrorism going on globally and these radical islam i'ves and they want the biggest bang for their bucks. they want yankee stadium packed as opposed to, the san diego padres at 30% capacity. megyn: there is reason you're not in london at the olympics right now. that is not to say people that go there are unsafe. if you think about practically how to minimize your risks overall. >> have a plan.

megyn: one thing to consider. brandon, thank you. >> thank you. megyn: we appreciate your time. up next an inspiring story as one man spills his life secrets, his self-written obituary making headlines for being very, very honest. it will make you laugh and make you think about your own life next are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

♪ . megyn: a self-written obituary is gaining national attention after a dying man signs off with a humerus confession. val patterson died of throat cancer earlier this month but not before revealing secrets even some of his family members didn't know. trace gallagher has the story. trace? >> reporter: his self-written obituary megyn,

went viral so fast when the funeral home posted it on the website the website crashed because they were getting 100,000 hits per minute. it starts out with him talking about his passion for science and the love of is wife of 33 years. pretty normal stuff, right. then it take as surprising turn admitting he was a thief. writing as it turns out i am the guy who stole the save from view drive-in back in 1971. i could have let that unsaid. but i wanted to get it off my chest. he said his ph.d was actually a phoney ph.d, saying the day i went to pay off the college student loan at the university of utah the girl are woulding there put my receipt into the wrong stack. two weeks later a ph.d diploma came in the mail. i didn't even graduate. i fact i never did even learn what the letters ph.d stood for. he told his engineering bud i it is. you got to admit my designs all worked pretty well. he claims he was banned from disneyland and seaworld for life though he did not say

why. he live ad great life. he traveled where he want. he ate what he want. his two big regrets, smoking which led him to getting smoke cancer and his death at age 59 and two, he could not spend the older years with his woman of his dreams. he gave us one great final piece of advice. he says if you want to live forever, don't quit breathing like i did. pretty good. megyn: the piece about smoking. he really wasn't thinking about while he was smoking was leaving his wife alone and what that was going to do to her. you think about your own addiction and need for cigarettes and alcohol, whatever it is. you have to think about your loved ones. anyway, val offering a little bit of wisdom. >> reporter: great stuff. megyn: i guess we can go with that. thanks, trace. >> reporter: okay. megyn: coming up next, a brand new poll that suggest that is the obama campaign should be very worried about. why? we'll tell you. a riot breaks out after a police chase ending with the

shooting of an unarmed man. he was a gang member but he was unarmed. why the case could get uglier as "kelly's court" breaks down the evidence. [shouting] i ta insulin,

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megyn: fox news alert. a top democrat weighing in on the mounting scandal over high-profileyñ leaks of sensitive intelligence information to the media. this democrat suggesting for the first time that the white house is the source for at least some of those leaks. brand new hour here of "america live". welcome, everyone. i'm megyn kelly. the accusation coming from california democratic senator dianne feinstein, the chairwoman of the senate intelligence committee. take a listen. >> i think the white house has to understand that some of this is coming from its ranks. megyn: she went on from there. some of the leaks included key information concerning u.s. involvement in cyber

attacks on iran and an al qaeda plot to place a bomb aboard a u.s. bound airliner. leaks started showing up in various publications and then the firestorm began prompting president obama to come out and say this last month. >> the notion that my white house would purposely release classified national security information is offensive. it's wrong, and, you know people i think need to have a better sense of how i preach this office and how the people around me here approach this office. megyn: until now some republicans had suggested that the white house was behind the leaking but a top democrat like diane fine stain -- feinstein had not yet gone that far. what happens now? our chief intelligence

correspondent catherine herridge will have much more in a live report in moments. new concerns for the white house today as a new poll suggests that the president's campaign could be struggling in a key swing state. in particular virginia. the new quinnipiac poll shows governor romney has caught up with the president in the commonwealth, putting the two men in a dead-heat at 44%. take a look at the situation as recently as march, when president obama had an eight-point margin, or lead over his opponent, 50-42 in march. now deadlocked at 44. peter brown is the assistant director at quinnipiac polling institute. good to see you again. this is virginia always went red. it was a red state, red state until 2008 and president obama came in with a bang and turned the state blue.

now it is he is neck-and-neck with his opponent but this is big news because he had been dominating governor romney in virginia until now. >> yes. what's happened in virginia, first thing to understand about virginia it is a state, as you said republican from 1964 until 2008. and president obama won it in something of a surprise four years ago. over the last four years virginia has actually done better than most of the rest of the country. the unemployment rate there is below 6%. the economy is doing pretty well. so the antagonism many voters feel toward the president over economics and much of the rest of the country is not true in virginia. now the 44-44 tyre flecks progress by romney. he was down eight in march. five when quinnipiac surveyed in june and it is due to a couple of things. the economy leveled off nationally, so the national publicity about the economy is certainly not helping him there all they again virginians themselves are doing a little better.

eight-point lead where mr. romney not wrapped up the republican nomination. he was getting criticized left and right by republicans on the evening news. that is gone. we have a flat-footed tie in virginia. megyn: campaign would say, virginia is red state. it was a miracle we won it in 2008. itself definitely is in play still and no big deal we're right now locked in a dead-heat? >> well virginia is a state that the democrats can win the white house without virginia but if they have virginia, it will be very, very difficult for mr. romney to win. virginia is a state that needs to be red for the republicans to win the white house. the fact that they're in a dead-heat shows how tight things are there. this is a state that has a very diverse state. northern virginia, for instance has done very well under this president because of the growth of government. so that voters there are really split and we're seeing in the polls. megyn: yeah. i want to ask you about some of these other key swing states. even though we focus on the

national polls it is really the swing states that will decide who the next president is. and we took the "real clear politics" average for a few critical swing states, five or six states that they believe, people like you say are going to decide this election. president obama is ahead by a small margin but he is ahead in all of them. now, we don't have it put them up. i will tell the viewers. this is "real clear politics" average. they're deadlocked in virginia. in ohio, obama up by four. colorado, obama up by 3. iowa, obama up by one. nevada, obama up by five. florida, obama up by one. so all of these states very tight, three one, three, four, five, but it is obama's advantage in all of them. put that in perspective for us, peter? >> well, again the president is ahead. he is ahead narrowly. it is clearly true that elections are won and lost in the states but what happens is the state reflects, states reflect national trends. so for instance, if the president is up two or three

points nationally which we're seeing in a number of polls, that equates to 1% lead say in florida and a little bigger lead perhaps in some other states. the thing to remember is, that everything works off the national mood. if the president and mr. romney are even, then traditional republican states like virginia and florida are more likely to go to mr. romney and democratic states, maybe more like iowa, or pennsylvania, more likely to go to mr. obama. the national numbers guide what happens in the states. and if you move the national numbers two or three points, then it shows up immediately in the states. megyn: you think this thing is still wide open? >> oh, this is a very close election. this will be a very, will be close as for instance as 2,000 when it came down to a few hundred votes in florida, odds say no but this will be a close election. this will be much more like 2004 for instance, than 2008 where there was a wide

margin for mr. obama. president bush won pretty narrowly in 2004. megyn: not much time to go now. seems like the election process has been underway for two years. not much time to go now. peter, thank you so much, sir. >> my pleasure. megyn: see you soon. meanwhile the president is back on a fund-raising blitz holding three events last night and four more today. that brings him to a total of 190 fund-raisers since april of last year when mr. obama officially announced his re-election campaign. 122 of the fund-raisers were held this year alone and 75 since governor romney became the proum tiff gop nominee. there have been 18 this month and 14 in the last week alone. a guest at last night's fund-raiser in california, this man, steve westly. he is is a venture capitalist that helped government stimulus loans for solyndra. mr. wesley warned about the investment in the solar industry.

shortly after that solyndra went bust but not before getting $535 million of taxpayer money. to our top story, california senator democrat dianne feinstein is the chairwoman of the senate intelligence committee and she has come out publicly and says that the white house appears to be the source for at least some of the recent high-profile leaks of classified information. chief intelligence catherine herridge has more live in washington. catherine? >> reporter: thank you and good afternoon. taking questions at monday's event the senior democrat and chair of the powerful senate intelligence committee saying she does not blame the president for the leaks but she has strong suspicions about his staff. >> i don't believe for a moment he goes out and taubs about it. i don't believe the briefers go out and talk about it. but who knows who else. and i think that the importance of this has to be, really set by the president himself.

>> here in washington earlier today senator feinstein was a no-show at two pressers on capitol hill. today where she was scheduled to discuss cybersecurity legislation as well as gun control. as for the status of the national security leaks another senior senate democrat on that committee shut down the questions. >> i would be happy to discuss that with you but not in this press conference because it is not about that subject. >> reporter: what is significant about senator feinstein's statements it is in line with senior republicans in both the senate and the house. last thursday the defense secretary leon panetta and the chair of the joint chiefs of staff testified in closed session of. after that session at least one republican said on the record they were satisfied the leaks did not come from the defense department. >> i feel pretty secure that, that they're not but we wanted to find out and wanted to find out what measures they're doing to continue to --. >> reporter: the president has said publicly to suggest that the leaks came from the white house is offensive but

what we have right here, right now, megyn, for some context we have senior republicanasell as senior democrats pointing the finger of blame at the white house. megyn: catherine herridge, thank you so much. >> reporter: you're welcome. megyn: well a new escalation in the violence in syria with the country's largest city and the capital seeing fierce fighting today. the syrian government unleashing attack helicopters but activists say the rebels are standing firm. syria is an important piece of the middle east puzzle as iran's strongest ally in the region. we continue to watch the situation there very closely. here in america and at our state department. dominic di-natale is covering the story live from our middle east bureau in jerusalem. >> reporter: hey there, meg. we hear fighter jets are strafing the eastern side of aleppo. that is the commercial heart of syria. we understand there have been major explosions across the city. this is day four of a siege by the rebels what is

arguably the financial source of the assad regime. the merchants very much keeping him in power. we believe the rebels have taken control of many of the neighborhoods today. they claim they will mop up the rest in a matter of days but obviously if they're being hit by fighter jets that is going to be quite a fight on their hands for them. we understand that the stockpiles of chemical weapons that the government admitted to having yesterday have been moved to the borders, probably in prevention of any sort of ground attack by foreign forces the way it described it. so day by day it is getting tighter. meg, back to you. megyn: thank you. right now governor romney is speaking at the annual veterans of foreign wars convention in reno, nevada. we'll take a brief listen? making introductory remarks as i can hear. >> from berlin to cairo --. megyn: we'll listen to a minute of this and let you watch online if you want to. >> i have come here today to share mine. i am an unpoll getic

believer in the greatness of america. [applause] i am not ashamed of american power. i take pride that throughout history our power has brought justice where there was tyranny, peace where there was conflict, and hope where there was affliction and despair. i do not view america as just one more place on the map, one more power to be balanced. i believe our country is the greatest force for good the world has ever known and that our influence is needed today as ever before. [applause] and i am guided by one overwhelming conviction and passion.

this century must be an american century. in 1941 henry luce called on his countrymen, just then realizing their strength, to create the first great american century and they did. together with their allies they won world war ii. they rescued europe. they defeated communism and america took its place as leader of the free world. across the globe they fought, they bled, they led. they showed the world the extraordinary courage of the american heart and the generosity of the american spirit. that courage and generosity remains unchanged today but sadly the president has diminished american leadership. and we're reaping the consequences. the world is dangerous, destructive, chaotic and the two men wanting to be your commander-in-chief must

offer their answers to the challenges we face. like a watchman in the night, we must remain at our posts and keep guard of the freedom that defines us and ennobles us and our friends. in an american century we have the strongest economy and the strongest military in the world. in an american century we secure peace through our strength and if by absolute necessity we must employ it, we must wield our strength with resolve. in an american century we lead the free world and the free world leads the entire world. if we don't have the strength or vision to lead, then other powers will take our place, pulling history in a very different direction. a just and peaceful world depends on a strong and confident america. and i pledge to you that if i become commander-in-chief the united states of america will fulfill its destiny and

its duty. [applause] now our leadership depends as it always has, on our economic strength, on our military strength and on our moral strength. if anyone of those falter, no skill of diplomacy or presidential oratory can compensate. and today as you know the strength of our on my -- economy, is in jeopardy. a healthy american economy is what underwrites american power. when growth is missing, government revenues fall, social spending rises, and many in washington look to cut defense spending as the easy way out. that includes our corrupt president. -- current president. today we're months away from

arbitrary across the board reduction that would saddle the military with trillion dollars in cuts, severely hurt our force structure and impair our ability to deter threats. don't bother to find a serious military rationale behind any of that, unless that rationale is wishful thinking. strategy is not driving the president's massive defense cuts. in fact his own secretary of defense warned that these reductions would be devastating and he's right. and that devastation would start here at home. mark my words, those cuts would only weaken an already stretched va system and our solemn commitment to every veteran receives care second to none. if i am president of the united states i will not let that happen. [applause]

this is no time for the president's radical cuts in our military. look around the world. other major powers are rapidly adding to their military capabilities. some with intentions very different than our own. the reg beam in tehran is drawing closer to developing a nuclear weapon. the threat of radical islamic terrorism persists the threat of weapons of mass destruction proliferation is ever present and we're still at war and still have uniformed men and women in conflict. all this and more is going on in the world and yet the president has chosen this moment for wholesale reductions in the nation's military capacity. when the biggest announcement in the last state of the union address on improving our military was the pentagon will start using more clean energy, then you know it's time for a change. [applause]

now we're not the first people to observe this. it is reported that bob gates, the president's first secretary of defense, bluntly addressed another security problem within this administration. after secret operational details of the bin laden raid were given to reporters, secretary gates walked into the west wing and told the obama team to shut up and he added a colorful word for emphasis. lives of american servicemen and women are at stake but astonishingly, the administration failed to change its ways. more top secret operations were leaked, even some involving covert action going on in iran. this is not a partisan issue. it is a national security

crisis. just yesterday democrat sena dianne feinstein who is chairman of the senate intelligence committee, said and i quote, i think the white house has to understand that some of this is coming from their ranks. end of quote. this conduct is contemptable. it betrays our national interest. it compromises our men and women in the field and it demands a full and prompt investigation by a special counsel with explanation and consequence. obama appointees who are accountable to president obama's attorney general should not be responsible for investigating the leaks coming from the obama white house. whoever provided classified information in the media, seeking political advantage for the administration, must be exposed, dismissed and punished. the time for stonewalling is over. [applause]

it is not enough to say the matter is looked into and just leave it at that. when the issue is the political use of highly sensitive national security information, it's unacceptable to say, we'll report our findings after the election. exactly who in the white house betrayed these secrets? did a superior authorize it? these are things that americans are entitled to know and they're entitled to know it now. if the president beliefs as he said last week that the buck stops with him then he owes all americans a full and prompt accounting of the facts. [applause] and let me be very clear. these events make the decision we face in november all the more important. what kind of white house would reveal classified material for political gain? i'll tell you right now, mine will not.

[applause] as you know the harm that's done when national security secrets are betrayed, extends to the trust that allies place in the united states. the operating principle of american foreign policy has been to work with our allies so that we could detour aggression before it breaks out into conflict. that policy depends on nuturing our alliances and st

if that gesture was desired to inspire good will from russia is clearly missed the mark. the russian government defended the dictator in damascus, as he slaughtered the syrian people. we can only guess what vladmir putin makes of the obama administration. he regained the russian presidency in a corrupt election. for that he got a congratulatory call from the oval office. there was that exchange picked up by a microphone that president obama didn't know was on. well you heard him asking dmitry medvedev to ask putin to give him space. this is my last election. after my election i will have more flexibility. why is it that flexibility with russian leaders is more important to him than transparency for the american people? [applause] now the president did have a moment of candor however just the other day. he said that the actions of

venezuela dictator hugo chavez have not had a serious national security impact on us. in my view, inviting hezbollah into our hemisphere is severe, it's serious and it's a threat and i will recognize it as such. [applause] but at least he was being consistent. after all this is the president who faltered when the iranian people were looking for support in their struggle against the ayatollahs. that public uprising was treated as an inconvenient problem for the president's policy of engagement. instead after moral and strategic opportunity, that terrible misjudgment should never be repeated. when unarmed men and women in tehran find courage to confront their oppressors at the risk of torture and death they should hear an unequivocal voice of an

american president affirming their right to be free. i will be leaving reno this evening on a trip abroad that will take me to england, poland and israel. since i wouldn't venture into another country to question american foreign policy i will tell you right here before i leave what i think this administration's shabby treatment of one of our finest friends. president obama is fond of lecturing israel's leaders. he is, was even caught by a microphone deriding them. he is undermined their position which was tough enough as it was and even at the united nations, to the enthuse astic applause of israel's enemies he spoke as if our closest ally in the middle east was the problem. the people of israel deserve better than what they have received from the leader of the free world and the chorus, and the chorus of accusations and threats and insults at the united nations should never again include the voice of the

president of the united states. [applause] there are values and causes and nations that depend on america's strength and the clarity of our purpose and on the reliability of our commitments. there's work in this world that only america and our allies can do, hostile powers only we can deter and only challenges we can overcome. for the past decade among those challenges has been the war in afghanistan. as commander-in-chief i will have a solemn duty to our men and women in uniform. the president owes our troops their families, and the american people a clear explanation of our mission and a commitment not to play politics with the decisions of war. i have been critical of the president's decision to withdraw the surge troops during the fighting season,

against the advice of commanders on the ground. the president would have you believe that anybody who disagrees with his decision is arguing for endless war, but the route to more war and potentially to attacks here at home is a politically-timed retreat. as president my goal in afghanistan will be to complete a successful transition to afghan security forces by the end of 2014. and i will evaluate conditions on the ground and solicit the best advice of our military commanders. and i will affirm that my duty is not to my political prospects but to the security of the nation and the safety of our troops. [applause] we face another challenge in a rising china. china is attendant to the interests of its government but it too often disregards the rights of its people.

it is selective in the freedoms it allows and as with its one-child policy it can be ruthless and crushing the freedoms it denies. in conducting trade with america it permits flagrant patent and copyright violations, forestalls american businesses from competing in its market and manipulates its currency to obtain unfair advantage. it is in our mutual interests of course for china to be a partner for a stable and secure world and we welcome its participation in trade but the cheating must finally be brought to a stop. the president hasn't done it and won't do it and i will. [applause] we will need that same clarity of purpose and resolve in the middle east. america can't be neutral in the outcome there. we've got to clearly stand for the values of representative government, economic opportunity, and human rights.

and we must stand against the extension of iranian or jihadist influence. egypt is at thecenter of this drama. many in many ways has power to tip the ba lance in the arab world. as president i will not only direct the billions in assistance we give to egypt toward that goal but i will work with partner nations to place conditions on their assistance as well. unifying our collective influence behind a common purpose will foster the development of a government that represents all egyptians, maintains peace with israel and promotes peace throughout the region. the united states is willing to help egypt support peace and prosperity but we will not be complicit in oppression and instability. now there's no greater danger in the world today than the prospect of ayatollahs in tehran possessing nuclear weapons capacity. yet for all the talks and conferences, all the

extensions and assurances, can anyone really say we're further from this danger now than we were four years ago? the same ayatollahs who each year mark a holiday by leading chants of death to america are not going to be talked out of their pursuit of nuclear weapons. what's needed is all the firmness, clarity, and moral courage that we and our allies can gather. sanctions must be enforced without exception, cutting off the regime's sources of wealth. negotiations must secure full and unfettered access for inspections. as it is the iranian regime claims the right to enriched nuclear material for supposedly peaceful purposes. this claim of course is discredited by years of deception. a clear line has to be drawn. there must be a full suspension of any enrichment whatsoever, period. [applause]

and at every turn, iran must know that the united states and our allies stand as one in tse critical objectives. only in this way can we successfully counter the catastrophic threat that iran represents to us and the world. i pledge to you and all americans that if i become commander-in-chief, i will use every means necessary to protect ourselves and the region and to prevent the worst from happening while there's still time. it's a mistake, and sometimes a tragic one, to think that firmness in american foreign policy can only bring tension or conflict. the surest path it danger is always weakness and indecision. [applause]

in the end, it's resolve that moves events in our direction. and strength that keeps the peace. i will not surrender america's leadership in the world. we must have confidence in our cause, clarity in our purpose, and resolve in our might. this is very simple. if you don't want america to be the strongest nation on earth, i'm not your president. but with his cuts to the military, you have that president today. the 21st century can and must be an american century. it began with terror, war, economic calamity. it is our duty to steer it under the path of freedom and peace and prosperity. fewer members of the greatest generation are with us here today and they can't

hold the torch as high as they have in the past. they're getting older. it's now our turn. we've got to seize that torch they have carried so gallantly and at sufficient great sacrifice. it is an eternal torch of decency and freedom and hope. it is not america's torch alone but it's america duties and honor to hold it high enough so the whole world can see it. i love america. i love what america represents. i love the sacrifice america has made for freedom throughout the world. this is a critical time for our nation, a time of choice, time to determine what america is going to be over this century. you know where i will lead it. we will have another american century with freedom blossoming and prosperity for all of our citizens, because i believe in america. i believe in you. i salute you and together we'll make sure we keep america the hope of the earth.

thank you so very much and god bless the vfw and the united states of america. [applause] >> great speech, governor. >> thank you. megyn: governor romney speaking at the annual vfw convention in reno, nevada, one day after president obama spoke at the same event, appealing to a group of voters who typically do not swing in his favor. the president's that is. joining me now to discuss it, tony asyeg, republican political analyst and campaign consultant and political correspondent for take radio news service. come ralph peters, author of book, cain at gettysburg. john hannah, aid to john kerry and barack obama presidential campaigns and a political analyst. panel, welcome to you all of you. governor romney using his opportunity before the vfw to hit the president on a number of issues to the economy to what we believe was a reference to the president's so-called apology tour. that is what crist i cans

called it when he went to europe. we talked about it earlier around made some comments, taking resnsibility for failure he saw about america. talking about everything from russia to china, to iran and the people of israel. you want to start with you, colonel peters, ralph, and ask you your thoughts where governor romney went with that speech and whether he was effective? >> oh i think it was a very effective speech to that particular audience. it is very important for sections of the electorate to come out strongly in favor of israel. i don't think he understands afghanistan yet. feeling his way in foreign policy but the bottom line for the speech was the thrust was in the right direction. a return to pride in america. in a belief in the judicious use of american strength. in a belief in the role of this country in the world. and i think obama's problem, one of his many problems has been for four years he has

projected weakness. he sort of has been a combination of a ivy league huey long and south side chicago hamlet. megyn: the president, sorry, mitt romney spoke to that and said, i quote, the surest path to danger is always weakness and indecision. and that seems to be what he was going for, that he believes, unlike president obama who we talked about earlier who came out and said our moral standing in the world has been restored, he believes that we are actually weaker now because he believes that we've shown, shown weakness and shown indecision to the world in trying to, you know, be more friendly and be more open-minded and be less tough as many accused president george w. bush of being, ralph? >> well, you know, i have to go back to obama's speech yesterday and really compare it. it was part low comedy where you had president obama, who is not the most macho guy, telling a vfw audience i've

got your back, i've got your six. but the real thought yesterday to contrast it with governor romney's, proud of america speech today, was when obama made that claim that we've never, for the first time ever our veterans are our priority. megyn, for a century 1/2, this country, under republicans and democrats has made our veterans a priority. we have pioneered the world in caring for veterans. not always perfectly but, look, the bush ad administration, however imperfect it may have been, revolutionized military medical care, expanded the va, put general shinseki in charge. obama has never found a better man. after world war ii our g.i. bill revolutionized the american work force and the economy. after our civil war, the pension bureau, at a time when no other country did this, our pension bureau took care of war widows and disabled union veterans.

so the problem interest is in contrast to governor romney, president obama doesn't know our military, doesn't know our history and doesn't really know america. megyn: mark hanna, one of the things governor romney was focused on there are pending cuts to the military which are severe will face at the end of this year if something isn't done. he kept referring to them, or referred to them as the president's radical cuts. is that really accurate though? >> no, it is absolutely not accurate. what startles me and should irk everybody watching right now the level to which the republican party is willing to propose cuts to veterans funding while they're giving the defense department and military spending increased allocation. there was a recent allocation for the defense department where the defense department was asking for about $680 billion. congress gave them 8 billion more than they even asked for. all the while as the

president mentioned in his speech yesterday he proposing these ground-breaking transformative new ways of supporting veterans and soldiers who have gone to war to support us and it is republicans in congress who are voting against that. so i think there is a real discrepancy here between what is the priority of the republican party right now and we need to get the reality to match rhetoric when it comes to supporting our troops. megyn: tony, let me ask you, the press secretary for obama for america, which is the president's re-election campaign, they came out in advance of the speech which we had a copy of, said it is long so i will not read the whole thing. said essentially this is all bluster. he offers no specific plans for our relations with any region in the world. by resorting to cheap attacks that lack credibility rather than answering the most basic questions about his foreign policy agenda governor romney simply has not passed the commander-in-chief test. do you hear, tony, governor romney lay out his specific foreign policy agenda there.

>> well, these speeches are not designed, megyn, as you well know, to offer specific pieces of policy. what he did say we will be very closely aligned with our friends like israel in the middle east and we will have a comprehensive policy that is consistent. the problem with the obama policy, particularly in the midst of the arab spring we don't really know what it stands for. you will intervene in libya under the european leadership but you won't in syria which is by far a more egregious human rights disaster. you will go against our long-time and long-standing ally in egypt in hosni mubarak but you will quickly also go support the muslim brotherhood which has been our longstanding enemy of our ally israel. so in other words we're in a situation where we need to go back to the basics and repair a lot of damage done from this president with our old allies. to go back to mr. hannah's point which i think almost as laughable as president obama saying that he is going to be the first president to take veterans and their families seriously, for decades democrats have

decried how supportive republicans have been for defense spending. and now all of sudden when it is convenient to their argument we're actually really the ones cutting it. sequestration cuts coming out of congress which the president supports are draconian when it comes to defense spending. megyn: tony, agreed to by both parties? >> that was the democrats apart of the equation. democrats put those cuts into that deal. it wasn't agreed to. megyn: democrats put them in but republicans agreed. >> the super-committee agreed. the super-committee agreed and they made a egregious mistake. megyn: sorry, go ahead, mark. let mark go ahead. >> you're right we've got unemployment that is bad in this country and it is much worse for veterans coming home from wars. 18 to 24 years old. if you're between 18 and 24 years old and a veteran you're 25% likely to be unemployed. so what the obama administration has done is partnered with private enterprise, given tax breaks

for those businesses that are willing to employ and given tax credits for businesses willing to employ veterans at a rate that is unprecedented in our past. increased funding for va. you have people coming home from the war that just served maybe, three, four tours in afghanistan, iraq and they're waiting a year to get their medical benefits? that is not keeping pace with the veterans the obama administration is doing something. responding with the same scale and in its response to match the problem. megyn: ralph, i want to go back to the cuts for a second. i'm saying that the republicans agreed. you know, aren't both parties to blame? the reason our military is about to face these massive cuts because their neck was put on the chopping block by our politicians who couldn't get a deal done on budget issues and decided to make the military the stakes for which they were playing? >> megyn, i agree with you entirely. both parties must share the blame in the ridiculous, cowardly approach to a

federal budget. but i do have to also say, to contradict mr. hannah, look, republicans are never going to deny essential care to our veterans. on the contrary were more apt to do that in the past. if you want to really know what is happening right now, look, what the obama administration thinks about veterans, look at his inner circle. to my knowledge there is not a single veteran within obama's uper circle. and what tried to do yesterday, although i'm willing to blame both parties for this mess, obama went to the vfw, south side of chicago, trying to buy votes by pandering to vets a election season. he did everything except offer walking around money to get to the van in the polling station. the president can't just discover our veterans at election time. one thing i will give the republicans credit for although i'm an independent, i give the republicans credit for consistently supporting our men and women in uniform, not just when it is election time.

megyn: all right. guys. thank you very much. i got to go, mark. but you thank you all three for being here. >> thank you, megyn. megyn: for pinch-hitting for us. appreciate it. coming up new developments today in an officer involved shooting that led to violent protests over the weekend in california. we first tell you about this story yesterday. an officer accused of shooting an inarmed man. unarmed. now he was a gang member but he was unarmed and now, riots have resulted. we'll discuss it next in "kelly's court".

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in blueberry/pomegranate and peach. refreshing nutrition in charge! megyn: "kelly's court" is back in session. on the docket today, the death of an apparently unarmed gang member at the hands of california police. manual diaz was shot and killed on saturday as he ran from police in the city of anaheim. police say the shooting happened after officers noted three people act suspiciously in an ally. the man ran from the cops and the officer shot die as in the back. near riots ensued. folks hurled bottles and rocks to the police officers who were attempting to secure the scene. we have david we'll and former defense attorney, joey jackson. actually, let me start with you, david. what is the beef of mr. did i as's relatives and the folks in anaheim about the

shooting? >> well, megyn, for one i think this you have to remember the probable cause for the initial approach of mr. did i as was the officers said he saw mr. did i as leaning against a car talking with two other men and he considered that suspicious. that is when he approached. that is probable cause. that damages credibility right after the back, megyn. then mr. diaz fee flees. he is tossing things on the roof of neighbors house, maybe drugs, who knows. he is shot. he does not have a weapon. shot by officers. that can not be considered a justifiable shooting by any stretch of the imagination. this is happening in the shadow of the fullerton police department whose two sfefrs are being prosecuted for killing a homeless man. one is being prosecuted for murder. it is very understandable the police chief in anaheim is very concerned about these two shootings. megyn: they're so concerned about these officer-involved shootings in anaheim, there have been apparently six

officer-involved shootings they have weekly protests in front of the headquarters, joey. weekly the folks protest every sunday and march up and down the boulevard for hours and holding their signs. although things really got out of hand this past weekend. not in this particular tape but in a tape we showed you earlier. joey, what is the defense of the police department? >> let me say this i am often times at odd with the police and we're in a very antagonistic relationship. my question something generally such. having said that i don't believe the police wake up in the morning intending to shoot anyone. the fact we do not know all the facts. there will be a full and fair investigation here. not only with the district attorneys office investigate but the mayor has asked the attorney general's office to get involved. before we say they were not armed, it wasn't justified, we don't know what the perception of the police officer was that particular day. we know police officers have a very dangerous job. does it justify killing anyone? absolutely not. would your heart go out to the victim's family? of course. before we cast aspersions on the police and give an

indication they did something wrong we have to be clear what the facts are and we don't know what they are. megyn: how relevant is it that the guy was a known gang member? david because his criminal rap sheet convictions of drug possession, possessing a firearm on school ground and being a member of criminal street gang? if he is known member of having conviction of a firearm does that increase the level of justifiable concern on the part of a police officer? >> number one, i agree with joey, there are a ton of great cops out there. some of whom are my friends. let me say this, make begin, a lot of these gang members, you're right, have parole conditions they not associate with other gang members. that may be why the officers labeled this as suspicious activity. i don't know. but once the pursuit takes place, once he starts fleeing and does not obviously have a weapon, and he is shot and they don't recover a weapon, that leads it trouble on criminal levels and on civil levels. >> however -- >> that is why the community is so upset.

megyn: hold that thought, joey. one of the relevant legal standards asks, did the person who was thought pose an immediate threat to the safety of the officers, or others and we're going to take that up right after the break.

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use promo code: notme. order now and get this document shredder to keep sensitive documents out of the wrong hands-- a $29 value, free. call the number on your screen. [♪...] megyn: joining me again, david wohl and joey jackson. so the legal standard looks at the reasonableness of the deadly force, right? was it reasonable under the circumstances. >> yes. megyn: according to the law it will look whether he was attempting to evade arrest. whether he was immediate threat to the safety of officers and the others. but the legal standard, david, says, was the deadly force necessary to prevent the escape of a sus ebb ised felon? not saying suspected felon in general. there has to be a new suspected felony underway, correct? >> absolutely, megyn.

while i suppose it is argueable that fleeing from the police is felony evading under those circumstances it is police policy everywhere across the country if he does not have a deadly weapon and you're not being attacked with that deadly weapon, then you don't use deadly force to gun him down. again my experience with these cases when a weapon is found, megyn, that is the first thing the police officers at a press conference indicate. we found a weapon. we recovered one and the officer believed it was pointed inection. that was not done. >> however --. megyn: joey does it change the police's position to come and stop and bother you for lack of a better word if you're a known gang member and convicted felon? >> it absolutely does, megyn. that goes to the heart of the officer's state of mind. what they reasonably perceive. if they know you to be a felon upon the approach you run, which demonstrates consciousness of guilt. remember what the officer is trying to do, they have an obligation to protect themselves, their partners and the general community.

if someone is running away from you and you believe they're posing a threat. megyn: we're back before that. we're back before the fleeing. we're back when the three guys were standing around the car acting suspiciously. it will come down to what that peens. will the police have a greater ability, constitutional ability to bother you, joey if you're a convicted felon who is a gang member? what is acting suspiciously may be a sliding scale. >> it is. that is what hearings are for, megyn. to be clear, mate it clear because we know you're a criminal canned should be harassed or bothed and should be a free citizen like everybody else. how did they find suspicion? what specifically they were doing? how were they interacting amongst each other. when we identify that i think it would justify the stop, the pursuit and who knows as to the shooting. it could very well have been justified. >> that is the problem, the shooting megyn. megyn: while they look into this. gentlemen, thank you both so much. don't go away. we'll be right back.

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[ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge!